RESOLUTION NO. 10057

Republic of the Philippines
COMMISSION ON ELECTIONS
Intramuros, Manila

GENERAL INSTRUCTIONS FOR THE BOARDS OF ELECTION INSPECTORS (BEI) ON THE TESTING AND SEALING OF VOTE COUNTING MACHINES (VCMs), AND VOTING, COUNTING AND TRANSMISSION OF ELECTION RESULTS IN CONNECTION WITH THE 09 MAY 2016 NATIONAL AND LOCAL ELECTIONS

WHEREAS, the Commission on Elections (COMELEC) has decided to adopt for the 09 May 2016 National and Local Elections (2016 NLE) a paper-based automated election system by the use of Vote Counting Machines (VCM);

WHEREAS, there is a need to provide rules and general instructions on the process of testing and sealing, and voting, counting and transmission of election results;

NOW THEREFORE, pursuant to its authority under the Constitution, the Omnibus Election Code, Republic Act No. 9369, and other election laws, the COMELEC RESOLVED, as it hereby RESOLVES, to promulgate the following General Instructions on the process of testing and sealing of the VCM, and voting, counting and transmission of election results.

PART I
ARTICLE I
BOARD OF ELECTION INSPECTORS

SEC. 1. Conduct of testing and sealing of the VCM, and voting, counting and transmission of election results. – The Boards of Election Inspectors (BEI), duly constituted by the Election Officers (EO) pursuant to Resolution No. 10031 dated 22 December 2015, entitled “Rules on the Constitution, Composition and Appointment of the Board of Election Inspectors, and Other Matters Related Thereto,” in connection with the 09 May 2016 National and Local Elections (NLE), shall conduct the process of testing and sealing of the VCM, as well as the process of voting, counting and transmission of election results in the polling places where they are assigned, in accordance with the provisions of this Resolution.

SEC. 2. Minutes of testing and sealing of the VCMs, and voting, counting and transmission of election results (Minutes). – The BEI shall record in the Minutes (CEF No. A11) all the acts or data required to be entered under this Resolution as soon as they occur or become available. Copies thereof shall be sealed in separate envelopes, to be distributed as follows:

The first copy shall be given to the EO, who shall transmit it to the Election Records and Statistics Department (ERSD), COMELEC, Manila; and
The second copy shall be deposited inside the ballot box.

ARTICLE II
WATCHERS

SEC. 3. Official watchers of candidates, political parties and other groups. – Each candidate, duly registered political party or coalition of political parties, associations or organizations participating in the Party-List System, and duly accredited citizens’ arms, may appoint in every polling place two watchers who shall serve alternately. However, candidates for Senator, Member of the Sangguniang Panlalawigan, Sangguniang Panlungsod, and Sangguniang Bayan or Autonomous Region in Muslim Mindanao (ARMM) Regional Legislative Assembly, belonging to the same party or coalition, shall collectively be entitled to one watcher.

Other civil, professional, business, service, youth, and any other similar organizations shall, if previously authorized by the COMELEC, be entitled collectively to appoint one watcher in every polling place.

If the space in a polling place reserved for watchers is insufficient, preference shall be given to the watchers of the dominant majority and dominant minority parties as determined by the COMELEC, and the watchers of the Parish Pastoral Council for Responsible Voting (PPCRV), with the latter having the right to stay closest to the BEI.

SEC. 4. Qualifications of watchers. – No person shall be appointed as a watcher unless he or she:

Is a registered voter of the city or municipality where he or she is assigned;
Is of good moral character;
Has not been convicted by final judgment of any election offense or of any other crime;
Knows how to read and write Filipino, English or the prevailing local dialect; and
Is not related within the fourth civil degree of consanguinity or affinity to the chairman, or any other member of the BEI in the polling place where he or she seeks appointment as a watcher.

SEC. 5. Rights and duties of watchers. – Upon entering the polling place, the watchers shall present to the chairman of the BEI their appointments as watchers, and their names shall be recorded in the Minutes with a notation under their signatures that they are not disqualified to serve as such under the immediately preceding Section.
The appointments of the watchers shall bear the signature of the candidate or duly authorized representative of the party, organization or coalition of parties that appointed them. At least fifteen (15) days before Election Day, independent candidates, and duly registered parties, organizations or coalitions shall provide the Election Officers concerned with the names and signatures of their representatives authorized to appoint watchers in the city or municipality of the polling place.

The watchers shall have the right to:

Stay in the space reserved for them inside the polling place, except under the last paragraph of Section 3 of this Resolution;.
Witness and inform themselves of the proceedings of the BEI;
Take note of what they may see or hear;
Take photographs of the proceedings during the testing and sealing of the VCM, and voting, counting and transmission of election results, as well as of the printed election returns and the ballot box, provided the secrecy of the ballot shall be maintained at all times;
File a protest against any irregularity or violation of law which they believe may have been committed by the BEI or by any person present;
Obtain from the BEI a certificate as to the filing of such protest and/or the resolution thereof; and
Position themselves behind the chairman of the BEI in such a way that they can read the election returns while the chairman is publicly announcing the precinct results.

Watchers are not allowed to speak to any member of the BEI or to any voter, or among themselves, in a manner that would disrupt the proceedings of the BEI.

The watchers representing the dominant majority and dominant minority parties, and the PPCRV shall, if available, affix their signatures and thumbmarks on the election returns.

ARTICLE III
FINAL TESTING AND SEALING

SEC. 6. Period for testing and sealing of VCMs; Notice. – Within the period of 02 May 2016 to 06 May 2016, the BEI shall convene in its assigned polling place to test and seal the VCM assigned to its precinct.

The EO shall notify the BEI in writing of the date, time and place of the testing and sealing of the VCMs not later than 29 April 2016.

The EO shall notify the candidates, registered political parties, coalition of political parties, associations or organizations participating in the party-list system representation in the city or municipality, or the PPCRV, by posting a notice of the date, time and place of testing and sealing for each clustered precinct in the bulletin boards of his or her office and of the city or municipal hall, and in at least three (3) conspicuous places in the city or municipality, not later than 29 April 2016.

SEC. 7. Procedures for the testing and sealing of the VCMs. – The procedures for the testing and sealing of the VCM are laid down in Part II of this Resolution.

ARTICLE IV
FORMS, DOCUMENTS AND SUPPLIES

SEC. 8. Election forms, documents and supplies. –

Final Testing and Sealing. –

Except when the Provincial Election Supervisor (PES) allows an earlier period, in the morning of the day scheduled for the testing and sealing of the VCM, the BEI shall get from the Office of the Election Officer the following forms, documents and supplies to be used for such testing and sealing:

SUPPLIES AND MATERIALS FOR TESTING AND SEALING
ELECTION FORMS
A9-TS	Manual Election Returns	1	Piece
A11	Minutes of Testing and Sealing; Voting and Counting	2	Pieces
ENVELOPES
A17-TS	For Counted Test Ballots, ERs and other reports	1	Piece
	Envelope for Minutes of Testing and Sealing; Voting and Counting	2	Pieces
SUPPLIES
	Ballot Secrecy Folder	2	Pieces
	Ballpen	2	Pieces

Election Day. – Except when authorized to do so earlier by the COMELEC, the BEI shall get the forms, documents and supplies early in the morning of Election Day, as follows:

FROM THE CITY/MUNICIPAL TREASURER

CEF NO.	DESCRIPTION	RATE OF DISTRIBUTION PER CLUSTERED PRECINCT
ELECTION FORMS
A3	Poster Indicating the Clustered Precincts Numbers	1	Piece
A6	Official Ballots	1	Piece per voter
A12	Paper Seal	52	Pieces
A14	Certificate of Receipt of Official Ballots, Other Forms and Supplies by BEI	3	Pieces
A27	Official Receipt of Election Returns	10	Pieces
ENVELOPES FOR VOTING AND COUNTING
A15	For Rejected ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots, and Counted Official Ballots	4	Pieces
A17	For Election Returns	30	Pieces
OTHER ENVELOPES
A18-A	For Main SD Card, I-Button Security Key, PINs, Initialization Report, Audit Log, and Precinct Statistical Report	6	Pieces
OTHER FORMS
A30/A31	Temporary Appointment of Chairman/Poll Clerk/Third Member/ Support Staff	10	Pieces
A35	Certificate of Challenge or Protest and Decision of the BEI	10	Pieces
A39	Oath of Voter Challenge for Illegal Acts	10	Pieces
A40	Oath of Identification of Challenged Voter	10	Pieces
SUPPLIES
	Bond Paper (long)	20	Pieces
	Ballot Secrecy Folder	12	Pieces
	Thumbprint Taker	1	Piece
	Plastic Seal for the Ballot Box	5	Pieces
	Indelible Stain Ink	5	Bottles
	Ballpens	4	Pieces

FROM THE ELECTION OFFICER:
1. Two copies of the Precinct Computerized Voters List (PCVL):
  1. One copy to be posted outside the polling place on election day; and
  2. One copy to be used by the BEI during the voting;
2. The Election Day Computerized Voters List (EDCVL); and
3. Copies of Appointment and Oath of Office of the BEI and Support Staff (CEF No. A5 & CEF No. A5-A).

The PCVL and EDCVL shall be duly certified by the Election Registration Board.

The BEI shall carefully check the correctness and quantity of the election forms, documents and supplies actually received. The BEI shall sign the Certificate of Receipt (CEF No. A14) in three (3) copies to be distributed as follows:

The original shall be delivered to the City/Municipal Treasurer, who shall transmit the same to the ERSD, COMELEC, Manila, thru the City/Municipal Election Officer, immediately after Election Day;
The second copy shall be given to the City/Municipal Treasurer who shall keep the same for his or her file; and
The third copy shall be retained by the BEI who shall also keep the same for his or her file.

SEC. 9. Forms to be reproduced when needed. – The following forms may be reproduced when needed:

Temporary Appointment of Chairman/Poll Clerk/ Member (Annex “A”);
Certificate of Challenge or Protest and Decision of the BEI (Annex “B”);
Oath of Voter Challenged for Illegal Acts (Annex “C”); and
Oath to Identify a Challenged Voter (Annex “D”).

ARTICLE V
DATE, TIME AND PLACE OF VOTING

SEC. 10. Election Day. – The election shall be held on 09 May 2016.

SEC. 11. Voting hours. – The casting of votes shall be from 7 a.m. up to 5 p.m. of Election Day.

Voters who have not yet cast their votes but are within thirty (30) meters from the polling place by 5:00 p.m. of the Election Day shall still be allowed to cast their votes. The poll clerk shall promptly prepare a complete list in duplicate containing the names of said voters numbered consecutively. The voters so listed shall be called to vote by the poll clerk by announcing near the door of the polling place, in a tone loud enough to be heard throughout the polling place, each name three (3) times in the order in which they are listed. Any voter in the list who is not present or does not respond when called shall no longer be allowed to vote. The said list shall be attached to the Minutes.

SEC. 12. Place of voting. – Voters shall cast their votes in the polling place designated by the COMELEC. The poster indicating the clustered precinct number (CEF No. A3) shall be prominently posted near or on the door of the polling place.

ARTICLE VI
VOTING

SEC. 13. Who may vote. – All registered voters whose names appear in the EDCVL may vote in the 2016 NLE, unless their names are manually crossed out from the same list with the following annotations, duly signed by the EO:

The voter has transferred residence to another district/city/ municipality; or
The voter has died..

SEC. 14. Challenge against illegal voters. – Any voter or watcher may challenge any person offering to vote for:

Being not registered;
Using the name of another; or
Suffering from an existing disqualification.

In such cases, the BEI shall determine the truthfulness of the ground for the challenge by requiring proof of registration, identity or qualification. In case the identity of the voter is challenged, the BEI shall identify the voter through his specimen signature in the EDCVL. In the absence of any of the above-mentioned proof of identity, any member of the BEI may identify under oath a voter personally known to him or her, which act of identification shall be recorded in the Minutes.

SEC. 15. Challenge based on certain illegal acts. – Any voter or watcher may challenge any person offering to vote on the ground that he or she:

Received or expects to receive, paid, offered or promised to pay, contributed, offered or promised to contribute money or anything of value as consideration for his vote or for the vote of another;
Made or received a promise to influence the giving or withholding of any such vote; or
Made a bet or is interested directly or indirectly in a bet that depends upon the results of the election.

In such cases, the challenged voter may take an oath before the BEI that he or she has not committed any of the acts alleged in the challenge. Upon taking such oath, the challenge shall be dismissed and the voter shall be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained, and the voter shall not be allowed to vote.

SEC. 16. Record of challenges and oaths. – The BEI shall record in the Minutes all challenges and oaths taken, and its decision in each case.

SEC. 17. Rules to be observed during the voting. – During the voting, the BEI shall see to it that:

Voters shall vote in the order of their arrival in the polling place;
No watcher shall enter the place reserved for the voters and the BEI, or mingle and talk with the voters;
No person carrying any firearm or any other deadly weapon, except jail/prison escorts and those expressly authorized by COMELEC, shall enter the polling place. The jail/prison escorts may bring firearms inside the polling place to secure the detainee voter who will vote in the polling precinct as may be authorized by COMELEC. Said escorts and detainees shall immediately leave the polling place once the latter have finished voting;
There shall be no crowding of voters and disorderly behavior inside the polling place; and
The ballot box shall remain locked during the voting. However, if it should become necessary to make room for more ballots, the BEIs shall, in the presence of the watchers and the public:
1. Remove the VCM from the top of the ballot box, and shake the ballot box to wobble the contents therein, and make room for the ballots;
2. If still the ballot cannot go through the ballot box, the ballot box may be opened. The chairman shall press down with his hands the ballots contained therein without removing any of them, after which the BEI shall close the box by sealing it.
  Such fact shall be recorded in the Minutes.

SEC. 18. Persons allowed inside the polling place. – Only the following persons shall be allowed inside the polling place:

Members of the BEI and support staff, if any;
Watchers who shall stay only in the space reserved for them;
Representatives of the COMELEC;
Technical support personnel assigned in the voting center;
Voters casting their votes;
Voters waiting for their turn to cast their vote;
Jail/Prison Escorts escorting detainee voters;
Other persons who may be specifically authorized by the COMELEC.

SEC. 19. Persons not allowed to enter the polling place. – Unless specifically authorized by the COMELEC, it is unlawful for the following persons to enter the polling place, or to stay within a radius of fifty (50) meters from the polling place, except to vote:

Any officer or member of the Armed Forces of the Philippines or the Philippine National Police;
Any peace officer or any armed person belonging to any extra-legal police agency, special forces, reaction forces, strike forces, Civilian Armed Force Geographical Units, barangay tanods or other similar forces or para-military forces, including special forces, security guards, and special policemen;
All other kinds of armed or unarmed extra-legal police forces; and
Any barangay official, whether elected or appointed.

However, the BEI may, by a majority vote if it deems necessary, order in writing the detail of policemen or peace officers for its protection or for the protection of the election documents and paraphernalia. Such order shall be recorded in the Minutes. Said policemen or peace officers shall stay outside the polling place near enough to be easily called by the BEI at any time. In no case shall the said policemen or peace officers converse with any voter, disturb, prevent or in any manner obstruct the free access of the voters to the polling place.

SEC. 20. Prohibitions on voting. – It shall be unlawful for a voter to:

Bring the ballot, ballot secrecy folder or marking pen outside of the polling place;
Speak with anyone other than persons provided in this Resolution while inside the polling place;
Prepare his or her ballot without using the ballot secrecy folder, or to exhibit its contents;
Fill out his or her ballot accompanied by another, except in the case of an illiterate or person with disability;
Erase any printing from the ballot, or put any distinguishing mark on the ballot;
Use of communication devices while voting such as digital cameras, cellular phones with camera, or other means to copy the contents of the ballot, or otherwise make use of any other scheme to identify his vote;
Intentionally tear or deface the ballot; or
Disrupt or attempt to disrupt the normal operations of the VCM.

SEC. 21. Preparation of ballots for illiterate and person with disability (PWD). – No voter shall be allowed to vote as an illiterate or a PWD unless such fact is indicated in the EDCVL. If so, he or she may be assisted in the preparation of his or her ballot, by any:

Relative within the fourth civil degree of consanguinity or affinity;
Person of his confidence who belongs to the same household; or
Member of the BEI.

A person who is physically impaired may, upon his/her request, be assisted in feeding his or her ballot into the VCM by the BEI member or support staff, who shall ensure that the contents of the ballot are not displayed during its feeding into the VCM. In which case, this fact should be put in the Minutes.

All persons assisting must be of voting age.

No person, except the members of the BEI, may assist an illiterate or a PWD more than three (3) times.

In all cases, the poll clerk shall first verify from the illiterate or PWD whether the latter has authorized a person to help him or her to cast his or her vote.

The person assisting the illiterate or PWD shall, in the presence of the illiterate or PWD, prepare the ballot using a ballot secrecy folder or voting booth, as the case may be.

The person assisting the illiterate or PWD shall bind himself in writing and under oath to fill out the ballot strictly in accordance with the instructions of the voter and not to reveal its contents, by indicating the appropriate data and affixing his or her signature in the corresponding space in the Minutes.

SEC. 22. Accessibility of polling place to persons with disability (PWD) and Senior Citizens (SC). – All clustered precincts with accessible precincts created pursuant to Republic Act No. 10366 shall be located at the ground floor of the voting centers, preferably near the entrance of the building, and is free of any physical barriers and provided with necessary services, including assistive devices. The BEI shall set up a separate area in said polling place for the exclusive use of PWDs and SCs. Accordingly, the EOs shall coordinate with the proper school or building officials.

SEC. 23. Express lane for persons with disability, senior citizens, heavily pregnant women, escorted detainee voters, and indigenous peoples. – PWDs, senior citizens, heavily pregnant women, and detainee voters shall be afforded an express lane and be allowed to vote as soon as they arrive. There shall be a sign inside the polling place indicating the location of the express lane, and who can avail of it. In polling centers where there are Indigenous Peoples (IPs) who reside in remote locations from the centers, the IPs may be included as among those who will be allowed an express lane.

SEC. 24. Prohibition against premature announcement of voting. – The members of the BEI are prohibited from announcing the following matters during the voting period:

whether a certain registered voter has already voted or not;
number of voters who have already voted or failed to vote thus far; or
any other fact tending to show or showing the state of the polls; neither shall he or she make any statement at any time, except as a witness before a court or body as to how many persons voted.

SEC. 25. Holding Area. – Whenever necessary, the BEI, in coordination with the DepEd Supervisor, shall designate a room to be used as holding area. The holding area will be used by the voters waiting for their turn to vote. The voters shall sit and arrange themselves on a first-come, first-served basis such that they will vote according to the sequence of their arrival. Giving numbers to the voters to determine their sequence of voting is strictly prohibited.

ARTICLE VII
VOTING, COUNTING OF VOTES
AND TRANSMISSION OF PRECINCT RESULTS

SEC. 26. Procedures for voting, counting and transmission of precinct results. – The procedures for voting, counting of votes and transmission of precinct results are laid down in Part III of this Resolution.

SEC. 27. Disposition of unused ballots. – After the voting, the BEI chairman, in the presence of the other members of the BEI, shall:

Record in the Minutes the quantity of unused ballots;
Tear the unused ballots in half lengthwise;
Place one half of the torn ballots in the Envelope for Rejected Ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots (CEF No. A15), and submit said envelope to the EO for safekeeping; and
Place the other half in another Envelope for Rejected Ballots, Half of Torn Unused Official Ballots and Other Half of Torn Unused Official Ballots (CEF No. A15), and then deposit the same inside the ballot box. Such fact shall be entered in the Minutes.

SEC. 28. Disposition of Election Returns – After printing the election returns, the BEI shall sign and affix their thumbmarks in the certification portion of all copies of the election returns. Thereafter, the BEI shall post one (1) copy of the election returns in a conspicuous place inside the polling place. The BEI shall individually fold the election returns. The first eight (8) copies of the election returns shall be sealed with serially numbered paper seals and placed in their respective envelopes (CEF No. A17). All envelopes containing the election returns shall be sealed with serially numbered paper seals.

The BEI shall also affix their signatures on the paper seals and envelopes on the space provided. The watchers present shall likewise affix their signatures, giving preference to the dominant majority party, dominant minority party and the PPCRV.

The election returns shall be distributed to the following:

In the election of president, vice-president, senators and for the party-list system of representation;
1. City or Municipal Board of Canvassers;
2. Congress, directed to the President of the Senate;
3. COMELEC;
4. Parish Pastoral Council for Responsible Voting (PPCRV);
5. Dominant majority party as determined by the COMELEC in accordance with law;
6. Dominant minority party as determined by the COMELEC in accordance with law;
7. Ballot box;
8. Provincial Board of Canvassers;
9. Ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the COMELEC shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166 and COMELEC Resolution No. 9984;
10. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the COMELEC shall decide which parties shall receive the copies on the basis of the criteria analogous to that provided in Section 26 of Republic Act No. 7166 and COMELEC Resolution No. 9984;
11. Four (4) national broadcast or print media entities as may be equitably determined by the COMELEC in view of propagating the copies to the widest extent possible;
12. Two (2) local broadcast or print media entities as may be equitably determined by the COMELEC in view of propagating the copies to the widest extent possible; and
13. Four (4) major citizens’ arms, including the PPCRV, and other non-partisan groups or organization enlisted by the COMELEC pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arm, groups and organization may use the four certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels; and
14. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center.
In the election of local officials and members of the House of Representatives:
1. City or Municipal Board of Canvassers;
2. COMELEC;
3. Provincial Board of Canvassers;
4. PPCRV;
5. Dominant majority party as determined by the COMELEC in accordance with law;
6. Dominant minority party as determined by the COMELEC in accordance with law;
7. One (1) to be posted conspicuously on a wall within the premises of the polling place or counting center;
8. Ballot box;
9. Ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the COMELEC shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166 and COMELEC Resolution No. 9984;
10. Two (2) accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the COMELEC shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166 and COMELEC Resolution No. 9984;
11. Five (5) national broadcast or print media entities as may be equitably determined by the COMELEC in view of propagating the copies to the widest extent possible;
12. Two (2) local broadcast or print media entities as may be equitably determined by the COMELEC in view of propagating the copies to the widest extent possible; and
13. Three (3) major citizen’s arms, including the PPCRV, and other non-partisan groups or organization enlisted by the COMELEC pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arm, groups and organization may use the four certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels.

SEC. 29. Disposition of VCM, ballot boxes, election returns and other documents. – When the counting of votes has ended and the results of the election in the precinct have already been announced, the BEI shall:

Place inside the ballot box the sealed envelopes containing the following:
1. Copy of printed Election Returns intended for the ballot box;
2. Copy of the Minutes intended for the ballot box;
3. Half of torn unused ballots; and
4. Rejected ballots, if any.
Close the flap of the ballot box with security seal as well as the cover of the ballot box with packaging tape by wrapping the tape around the cover and extending it to the upper part of the ballot box. The BEI shall affix their signatures on the tape, and require the watchers present to also affix their signatures;
Remove the main SD card from slot “A” of the VCM, place the card inside the envelope provided for the purpose, and seal the envelope. The BEI shall also indicate on the envelope the clustered precinct number, barangay and city/ municipality/province. Said envelope shall be submitted to the Reception and Custody Group of the City/Municipal Board of Canvassers. The back-up SD card shall not be removed from the VCM, and the cover of slot “B” shall remain locked;
Turn-over the box containing the VCM and its peripherals to the logistics provider. In the absence of the logistics provider, the BEI shall turn-over the VCM box to the EO or his/her authorized representative, who shall in turn, coordinate with the logistics provider for the schedule of the retrieval thereof;
Deliver the ballot box, accompanied by watchers, to the city/ municipal treasurer, except the ballot box of the polling place that will be subjected to random manual audit, as provided for in Article VIII of this Resolution. For this purpose, the city/municipal treasurer shall, at its own expense, provide at the voting center the necessary personnel and facilities for said delivery.In case the ballot box delivered by the BEI is not sealed, the treasurer shall seal the ballot box, and include such fact, together with the serial number of the plastic seal used, in his/her report to the COMELEC;
Deliver to the EO the following documents or papers:
1. EDCVL;
2. PCVL;
3. Envelope containing the copy of the Minutes intended for the COMELEC (CEF No. A11);
4. Envelope containing the other half of torn unused official ballots (CEF No. A15);
5. Envelope containing Initialization Report, Precinct Audit Log Report and Precinct Statistical Report;
6. The envelopes containing copies of the election returns intended for the city/municipal Board of Canvassers, Congress, Provincial Board of Canvassers, Regional Board of Canvassers in the case of ARMM, and the COMELEC;
7. The envelope containing the main SD card for use by the city/municipal Board of Canvassers; and
8. Other pertinent papers and documents.

After the counting of votes, the EO or the city/municipal treasurer, shall require the BEI which failed to turn-over the election documents or paraphernalia to deliver them immediately.

ARTICLE VIII
RANDOM MANUAL AUDIT

SEC. 30. Selected precincts to be audited. – The clustered precincts per legislative district that will be subjected to random manual audit (RMA) shall be selected randomly. The members of the random manual audit team (RMAT) shall inform the members of the BEI that their precinct/clustered precinct shall be subjected to RMA. The RMAT shall witness the closing of the ballot box. Thereafter, the BEI shall endorse the ballot box to the RMAT.

ARTICLE IX
COMMON PROVISIONS

SEC. 31. Preservation of the list of voters. – The EO shall keep the EDCVL and PCVL in a safe place until further instructions from the COMELEC.

SEC. 32. Omission or erroneous inclusion of documents in ballot box. – If after sealing the ballot box, the BEI discovers that some documents or articles required to be placed inside the ballot box were not placed therein, the BEI, instead of opening the ballot box to place therein said documents or articles, shall deliver the same to the EO. The EO shall take appropriate measures to preserve the integrity of the documents.

The ballot box shall not be reopened to place in or to take out from it any document or article except upon prior written authority of the COMELEC for the purpose of retrieving copies of the election returns or main SD card needed for canvassing of election results. The members of the BEI, the treasurer and the watchers shall be notified of the time and place of said opening of the ballot box.

PART II
FINAL TESTING AND SEALING OF THE VCM

SEC. 33. Procedures for the final testing and sealing (FTS) of the VCM. – During the FTS, the BEI shall observe the following procedures:

Explain to those present the purpose of and the procedures for the FTS;
Randomly choose ten voters from among those present, who will accomplish the ballots to be used for FTS (FTS ballots). If there are less than ten voters present, any of them may accomplish more than one test ballot to complete ten FTS ballots;
Show to the public that the VCM box is sealed;
Remove the blue sealing sticker of the VCM box;
Open the VCM box;
Check whether the following are inside the VCM box:
1. VCM;
2. Power cord of the VCM;
3. Main SD and back-up SD cards already installed;
4. Ten (10) FTS ballots;
5. Seven (7) rolls of thermal paper inside the VCM box and one (1) thermal paper inside the printer compartment already installed;
6. Ziplock number “1” containing the three (3) Personal Identification Numbers (PINs) for operating the VCM; three (3) PINs for the digital signature; the three (3) iButtons; and three (3) PINs for re-zeroing;
7. Ziplock number “2” containing the checklist of the contents of the VCM box;
8. Ziplock number “3” containing the USB modem with SIM card and one (1) contingency SIM card (Smart/Globe/Sun);
9. Ziplock number “4” containing five (5) cleaning sheets;
10. Twenty-Four (24) Marking Pens. Only five (5) marking pens shall be used during the FTS; and
11. One (1) green sealing sticker to be used at the end of FTS and one (1) yellow sealing sticker to be used at the end of Election Day, to close the VCM box.
Retrieve, and distribute among themselves, the iButtons and the PINs of each member of the BEI;
Retrieve the FTS ballots from the VCM box;
Retrieve the VCM from its box;
Show to the public that the VCM slots labeled “A” and “B”, where the main and back-up SD cards are individually stored, are sealed. These slots shall remain sealed throughout the FTS procedure;
Place the VCM properly on top of the ballot box;
Open the thermal paper printer cover and ensure that the roll of official thermal paper is properly installed;
Close the thermal paper printer cover;
Retrieve the battery cables inside the VCM box, connect the cables to the battery and connect the other end of the battery cable to the VCM DC power port (12 VDC);
Connect the power adaptor to the AC power port (220 VAC) of the VCM and plug the other end of the adaptor to the electrical outlet;
Turn on the VCM;
Wait until the VCM displays the message “PLEASE INSERT SECURITY KEY FOR AUTHENTICATION”;
The BEI member shall:
1. Place his/her iButton on top of the iButton security key receptacle and apply a slight pressure thereon. A message “PLEASE CHOOSE YOUR ROLE” and the role of the BEIs will be displayed on the screen;
2. Select “MEMBERS,” the VCM will then display the message “PLEASE CHOOSE YOUR USERNAME” with “BEI POLL CLERK” and “BEI MEMBER” options.
  1. Select “BEI MEMBER”.
  2. The VCM will display the message “PLEASE ENTER YOUR PIN”.
  3. Enter the security PIN of BEI member. A message “BEI MEMBER PIN IS CORRECT. THANK YOU” appears on the screen and the VCM will return to the previous display – “PLEASE CHOOSE YOUR USERNAME”.
  4. Select “BEI POLL CLERK”.
  5. The VCM displays “PLEASE ENTER YOUR PIN”.
  6. Enter the security PIN of poll clerk. A message “BEI POLL CLERK PIN IS CORRECT. THANK YOU” appears on the screen and the VCM will display the MAIN MENU.
In the MAIN Menu, the certified IT-capable member shall perform the following VCM diagnostics procedures:
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1. Detach the printed diagnostic report and place it inside the envelope (A17- TS) provided for the purpose.
2. After printing the diagnostic report, the VCM shall return to the MAIN MENU.
The BEI member will then select “ELECTION” then “OPEN VOTING”.
1. The VCM will then display the message “PLEASE CHOOSE YOUR USERNAME” with “BEI POLL CLERK” and “BEI MEMBER” options.
  1. Select “BEI MEMBER”.
  2. The VCM will display the message “PLEASE ENTER YOUR PIN”.
  3. Enter the security PIN of BEI member. A message “BEI MEMBER PIN IS CORRECT. THANK YOU” appears on the screen and the VCM will return to the previous display – “PLEASE CHOOSE YOUR USERNAME”;
  4. Select “BEI POLL CLERK”.
  5. The VCM displays “PLEASE ENTER YOUR PIN”.
  6. Enter the security PIN of poll clerk. A message “BEI POLL CLERK PIN IS CORRECT. THANK YOU” appears on the screen and the VCM will now display “OPEN VOTING”.
The VCM is now ready to print the Initialization Report. The messages “OPEN VOTING” and “PRINTING REPORT…” will appear on the screen while simultaneously printing the initialization report. The report shall show Zero (0) vote for each candidate including the geographic information (region/ province/municipality/barangay/polling center/ clustered precinct/precinct in a cluster), machine ID, number of registered voters, number of voters who actually voted, number of valid ballots cast, and number of rejected ballots.
After printing the Initialization Report, the VCM will display the message “THE ELECTION IS NOW OPEN”.
Detach the Initialization Report. The chairman, BEI member and poll clerk, including the representatives of the political parties, candidates, or citizens’ arms present, shall affix their signatures thereon. Place the initialization report in the envelope (A17-TS) provided for the purpose.
After printing the initialization report, the VCM will automatically return to the Election Menu. Press the “BACK” button to proceed with the scanning of ballots.
The VCM is now ready to accept ballots. At this time, the VCM screen will display the message “PLEASE INSERT BALLOT/ PAKI PASOK ANG BALOTA”.
Ensure that the INSERT BALLOT screen displays the following details:
1. Upper left corner (Status of VCM) – OPEN
2. Upper right corner – Date and time
3. Lower left corner – Number of Ballots Cast
4. Lower right corner – Precinct Code
In accomplishing the test ballots, only two (2) test voters can simultaneously accomplish the ballots. For this purpose, the chairman shall give each of the test voters a ballot inside the ballot secrecy folder and a marking pen.The test voter shall using the marking pen, accomplish his/her ballot by fully shading the circle opposite the names of the candidates of his/her choice, including that of the party, organization or coalition participating in the party-list system of representation. Thereafter, he/she shall return the accomplished ballot inside the ballot secrecy folder, and proceed to the BEI. The chairman shall:
1. Examine the accomplished ballots and determine whether the circle opposite the names of the candidates/political parties participating in the party-list system chosen have been fully shaded, and the security features (timing marks and barcodes) have not been damaged;
2. Return the accomplished ballot inside the ballot secrecy folder and give the same to the voter who shall personally feed the accomplished ballot into the VCM ballot entry slot;
3. Once the ballot has been fed.
4. The VCM shall interpret the ballot. The message “PROCESSING/PAKIHINTAY… KASALUKUYANG PINOPROSESO” will be displayed on the screen.
5. After processing, the VCM shall display the following messages “YOUR VOTE HAS BEEN CAST/ANG IYONG BOTO AY NAISAMA NA”.

After the ten (10) voters have cast their votes, close the voting by performing the following procedures:
1. The chairman shall place his/her iButton security key on top of the iButton security key receptacle, apply slight pressure thereto, after which the VCM will display message “PLEASE ENTER YOUR PIN”;
2. The chairman shall enter his/her PIN;
3. The VCM shall then display the message “BEI CHAIRMAN PIN IS CORRECT. THANK YOU”.
4. The VCM shall now display the MAIN MENU.

From the Main Menu, choose “ELECTION”. The VCM will now display the Election Menu with the option “CLOSE VOTING”. Press this option.

After choosing Close Voting, the VCM shall display the message “PLEASE ENTER YOUR PIN”. The following procedures should be performed:
1. Enter the security PIN of the chairman. A message “BEI CHAIRMAN PIN IS CORRECT. THANK YOU” appears on the screen.
2. Thereafter, the VCM shall display the following message “PRESS OK TO ADD A DIGITAL SIGNATURE TO THE ELECTION RESULTS. NUMBER OF SIGNATURES: [0/3]” with “OK” and “CANCEL” options. The chairman shall press “OK”.
3. Upon pressing the “OK” button, the VCM will require the security key password, and will display the message “PLEASE TAP THE IBUTTON ON THE IBUTTON RECEPTACLE”.
4. The poll clerk will place his/her iButton (security key) on top of the iButton security key receptacle and apply a slight pressure thereon. The VCM shall display the message “PLEASE ENTER THE DIGITAL SIGNATURE PASSWORD”. The poll clerk shall now enter his/her digital signature password. The VCM shall thereafter display the message “THE SIGNATURE HAS BEEN ADDED SUCCESSFULLY”.
5. The VCM shall display the message “PRESS OK TO ADD A DIGITAL SIGNATURE TO THE ELECTION RESULTS. NUMBER OF SIGNATURES: [1/3]” with “OK” and “CANCEL” options. The poll clerk shall press “OK”.
6. Upon pressing the “OK” button, the VCM will require the security key password, thus “PLEASE TAP THE IBUTTON ON THE IBUTTON RECEPTACLE”. The BEI member will place his/her iButton on top of the iButton security key receptacle and apply a slight pressure thereon. The VCM shall display the message “PLEASE ENTER THE DIGITAL SIGNATURE PASSWORD”. The BEI member shall now enter his/her digital signature password. The VCM shall thereafter display the message “THE SIGNATURE HAS BEEN ADDED SUCCESSFULLY”.
7. The VCM shall display the message “PRESS OK TO ADD A DIGITAL SIGNATURE TO THE ELECTION RESULTS. NUMBER OF SIGNATURES: [2/3]” with “OK” and “CANCEL” options. The BEI member shall press “OK”.
8. The VCM will require the security key password, thus “PLEASE TAP THE IBUTTON ON THE IBUTTON RECEPTACLE”.
9. The chairman will place his/her iButton (security key) on top of the iButton security key receptacle and apply a slight pressure thereon. The VCM shall display the message “PLEASE ENTER THE DIGITAL SIGNATURE PASSWORD”. The chairman shall now enter his/her digital signature password. The VCM shall thereafter display the message “THE SIGNATURE HAS BEEN ADDED SUCCESSFULLY”.

The VCM shall automatically print the eight (8) copies of the NATIONAL returns, and eight (8) copies of the LOCAL returns. Detach the election returns and place them in the envelope provided for the purpose. Observe that the VCM status shall now indicate “CLOSED”.

After printing the eight (8) copies of National returns and eight (8) copies of Local returns, the VCM will display the message “DO YOU WANT TO TRANSMIT ELECTION RESULTS?” with “YES” or “NO” options. Choose “NO”. NOTE: For purposes of FTS, no transmission of election results will be performed.

The VCM will then print the twenty-two (22) copies of National returns and the twenty-two (22) copies of Local returns. After printing the reports, the VCM will display the message “REPORT PRINTED SUCCESSFULLY”.

The VCM will then display the message “THE AUTOMATED CLOSE VOTING PROCESS HAS BEEN COMPLETED”. The VCM will return to the Main Menu.

The chairman shall now Re-Zero the VCM. From the Main Menu, he/she shall select “UTILITIES” then choose the “RE-ZERO” option.
1. The message “PLEASE ENTER YOUR PIN” will be displayed on the screen. The chairman shall then input the re-zero PIN.
2. While the VCM is re-zeroing all data, it will display the message “ENSURING THAT VOTE COUNTERS ARE SET TO ZERO…”
3. The VCM shall then print the INITIALIZATION REPORT.
4. Another message will be displayed – “RE-ZERO HAS BEEN COMPLETED SUCCESSFULLY”. There will be no other option available but to shutdown the VCM. It will display another message “PLEASE PRESS THE OK BUTTON TO SHUTDOWN THE SYSTEM”. Press the “OK” button.
5. The message “PLEASE PRESS THE OK BUTTON TO SHUTDOWN THE SYSTEM” will be displayed. Press the “OK” button to shutdown the VCM.

SEC. 34. Manual verification of results. – The BEI shall retrieve the accomplished valid test ballots from the ballot box, manually count the votes therein, and accomplish the Election Returns (ERs) provided for the purpose. The following rules shall be observed in the manual counting of votes:

The Chairman shall verify the ballots to determine whether there is over-voting (when the number of votes for a position has been exceeded). If there is an over-vote in a position, no vote shall be counted in favor of any candidate for the said position;
The Chairman shall take the ballot one by one, and read the names of candidates voted for and the offices for which they were voted in the order in which they appear thereon;
The Poll Clerk shall record on the ER the vote as the names voted for each office are read. Each vote shall be recorded by a vertical line, except every fifth vote which shall be recorded by a diagonal line crossing the previous four vertical lines;
After finishing the ten (10) test ballots, the Poll Clerk shall determine the total number of votes obtained by each candidate;
The BEI shall sign the certification portion of both ERs and compare the results of the manually-prepared ER with that of the machine-generated ER. If the results of both ERs are not the same, the BEI shall review/re-appreciate the ballots to determine the cause of the discrepancy. If after re-appreciation, there is still discrepancy, the BEI shall call on the assigned technical support personnel.
The BEI shall immediately submit a report of the testing to the EO concerned. The EO, in turn, shall submit a report to the Commission, through the Election and Barangay Affairs Department (EBAD).

SEC. 35. Post testing procedure; Shutting down the VCMs. The certified IT-capable BEI member shall turn off the VCM by performing the following:

In the Main Menu, choose “UTILITIES.” Press the SHUT DOWN option. The VCM will display the message “PLEASE PRESS THE OK BUTTON TO SHUTDOWN THE SYSTEM”.
Press “OK”. Wait until the light of the screen turns off.
Disconnect the battery from the VCM machine;
Disconnect the battery cables from the battery;
Disconnect the power cable of the VCM machine from the electrical outlet;
Disconnect the power cable from the VCM machine;
Place the counted ballots, machine-generated ER together with the manually-accomplished ER and all reports in an envelope (A17-TS) for submission to the EO for safekeeping, after the testing and sealing;
The BEI shall:
1. Return the iButtons, and PINs to Ziplock labeled “1”.
2. Place the battery inside the battery box.
3. Place inside the VCM box the following:
  1. The VCM, its power cord and the battery cables; and
  2. Two (2) copies of the Minutes in their envelopes;
4. Ensure that the remaining rolls of thermal paper, headset, adaptors, ziplock labelled “2”, “3”, and “4” with their corresponding contents are inside the VCM box.
5. Close the VCM box with the GREEN sealing sticker.
6. Allow the watchers of the PPCRV to place their own seal, if any.

Interested parties may, with prior authority from the Election Officer, watch over the polling center where the VCMs are kept.

SEC. 36. Disposition of forms/supplies. After the testing and sealing, the BEI shall:

Submit to the EO the envelope containing the following:
1. Diagnostic Report;
2. Initialization Report;
3. Thirty (30) copies of National and Local returns;
4. Manual ER; and
5. Counted ballots.
The EO shall keep the above documents in his custody until further instructions from the Commission.
Leave inside the polling place, the VCM properly secured, contained in the sealed box, the battery inside its box, and the locked ballot box.

SEC. 37. VCMs to be opened on May 9, 2016. – The VCMs shall be opened only on May 9, 2016, not earlier than six o’clock in the morning, and in the presence of watchers, if any.

PART III
PROCEDURES FOR VOTING, COUNTING OF VOTES
AND TRANSMISSION OF PRECINCT RESULTS

SEC. 38. Preliminaries to the voting. – The BEI shall:

Meet at the polling place not later than six o’clock in the morning of Election Day.
Ensure that the VCM box and the ballot box are inside the polling place.
Set-up the polling place.
Post one (1) copy of the PCVL of each precinct in the cluster, near or at the door of the polling place, preferably the pages/sheets are spread out to give free access to voters who are checking their names in the list, if there is space.
Show to the watchers and the public present that the:
1. VCM box is sealed;
2. Ballot box is empty and thereafter, lock with four (4) seals; and
3. Package of official ballots is duly sealed, and thereafter, break the seal.
For precinct/clustered precinct with detainee voters (DV) and with a special polling place in accordance with Resolution No. 9371, promulgated on March 06, 2012, the BEI of the said regular polling places shall, using the EDCVL-DV:
1. Annotate the DVs’ names in the EDCVL with “DV”;
2. Affix his/her initial beside the annotation;
3. Enter in the Minutes the number of DV and the fact that their names were annotated with “DV”;
4. In the presence of the SBEI-DV support staff, segregate the ballots intended for the DV, and insert the same in a folder;
5. Place the folder inside an envelope, close the envelope and seal the envelope using a paper seal. The envelope and paper seal shall be provided by the SBEI-DV support staff;
6. Affix their initials on the paper seal; and
7. Turn over the envelope containing the DV ballots to the SBEI-DV support staff, as the case may be.
Remove the paper seal of the VCM box;
1. Open the VCM box.
2. Check whether the following are inside the VCM box:
  1. VCM;
  2. Power cord of the VCM and battery cable;
  3. Main SD and back-up SD cards already installed;
  4. Remaining rolls of thermal paper inside the VCM box;
  5. Ziplock number “1” containing the three (3) Personal Identification Numbers (PINs) for operating the VCM; three (3) PINs for the digital signature; the three (3) iButtons; and three (3) PINs for re-zeroing;
  6. Ziplock number “2” containing the checklist of the contents of the VCM box;
  7. Ziplock number “3” containing the USB modem with SIM card and one (1) contingency SIM card (Smart/Globe/Sun);
  8. Ziplock number “4” containing five (5) cleaning sheets;
  9. Twenty-Four (24) Marking Pens; and
  10. One (1) yellow sealing sticker to be used at the end of Election Day to close the VCM box.
3. Retrieve the iButtons and security PINs from the VCM box and distribute the same among themselves. The RE-ZERO PINs shall remain inside the VCM box.
4. Retrieve the VCM from its box.
5. Show to the public that the slots labeled “A” and “B” containing the main SD and back-up SD cards, respectively, are sealed.
6. Place the VCM properly on top of the ballot box.
7. Open the thermal paper printer cover and ensure that a roll of official thermal paper is installed.
8. Close the thermal paper printer cover.
9. Connect the power adaptor to the VCM AC powerport (220 VAC) and plug the other end to the electrical outlet.
10. Connect the battery to the VCM DC power port (12 VDC).
11. Turn on the VCM.
12. Follow the procedures laid down in Part II, Sec. 33 (q) to (z), except (s) [Diagnostic Procedure].

SEC. 39. Manner of obtaining ballots. –

The voter shall:
1. Look for his/her name in the PCVL posted near the door of the polling place, and determine his/her precinct number and sequence number.
2. Approach any member of the BEI or its Support Staff, if any, and state his/her name, precinct number and sequence number.
The BEI or the Support Staff shall:
1. Verify if the name of the voter is in the EDCVL. If the voter’s name is not in the EDCVL, the voter shall not be allowed to vote, and shall be requested to leave the polling place.
2. If his/her name is found, his/her fingernails shall be checked for any indelible ink stain. If stained, it shall be a conclusive presumption that he/she has already cast his/her vote. As such, the voter shall be directed to leave the polling place after informing him/her the reason thereof. This fact, including the name and the precinct of the voter, shall be recorded by the Poll Clerk in the Minutes;
3. If the fingernail is not stained, establish the identity of the voter through the following:
  1. His/her photograph or specimen signature in the EDCVL or in any other authentic identification document, except barangay certificate or community tax certificate; or
  2. In the absence of any of the above-mentioned proof of identity, any member of the BEI or any registered voter of the precinct/clustered precinct may identify under oath the voter, and such fact shall be reflected in the Minutes.
4. If satisfied with his/her identity, the name of the voter shall be distinctly announced in a tone loud enough to be heard throughout the polling place. If not satisfied with his/her identity, the voter shall be directed to leave the polling place after informing him/her of the reason therefor.
5. If the voter is not challenged or having been challenged, the question has been decided in his/her favor, require the voter to sign in the EDCVL. In case of illiterate voters or PWDs who cannot sign, require said voters to affix their thumbmarks in the EDCVL;
6. Thereafter, the voter shall be directed to the chairman who shall:
  1. Authenticate the ballot by affixing his/her signature at the designated space of the front of the ballot;Failure to authenticate the ballot shall not invalidate the ballot but shall constitute an election offense.
  2. Show to the voter that the ballot being given is not torn or smudged, and has not yet been filled up;
  3. Place such ballot inside the ballot secrecy folder;
  4. Give the ballot secrecy folder and the marking pen to the voter with the instruction that the ballot shall be kept clean and free from unnecessary markings (i.e., smudge/stain from thumbprint-taker, food stains, and the like);
  5. Instruct the voter how to fill-up the ballot properly; and
  6. Direct the voter to fill-up the ballot in the designated voting area.Only the chairman shall issue the official ballots, and not more than one ballot shall be issued at one time.

SEC. 40. Manner of voting. –

The voter shall:
1. Using a ballot secrecy folder and the marking pen provided by the Commission, fill his/her ballot by fully shading the circle beside the names of the candidates and the party, organization or coalition participating in the party-list system of representation, of his/her choice;and
2. After accomplishing his/her ballot, approach the VCM, insert his/her ballot in the ballot entry slot;
  1. The VCM will display “PROCESSING…/ PAKIHINTAY… KASALUKUYANG PINOPROSESO”;
  2. The ballot shall automatically be dropped inside the ballot box. The VCM will then display the message “YOUR VOTE HAS BEEN CAST/ANG IYONG BOTO AY NAISAMA NA.”
  3. The VCM will display the message “AMBIGUOUS MARK DETECTED” if the ovals are not properly shaded or an unintentional mark is made. It will display the message “AMBIGUOUS MARKS DETECTED/MAY MALABONG MARKA SA BALOTA.” The following options shall be provided “TO CAST BALLOT PRESS/PARA IPASOK ANG BALOTA, PINDUTIN” or “TO RETURN BALLOT, PRESS/PARA IBALIK ANG BALOTA, PINDUTIN.” Press the “TO RETURN BALLOT, PRESS/PARA IBALIK ANG BALOTA, PINDUTIN” to return the ballot to the voter. Let the voter review the ballot and ensure that the ovals opposite the names of the candidate voted for are fully shaded.
  4. In case of illiterate voters, PWD voters who are visually-impaired, and senior citizens (SCs) who may need the use of headphones, the BEI shall insert the headphones so they can follow the instructions of the VCM.
The poll clerk/support staff shall:
1. Monitor, from afar, the VCM screen to ensure that the ballot was successfully accepted;
2. Thereafter, whether or not the voter’s ballot was successfully accepted, apply indelible ink to the voter’s right forefinger nail or any other nail if there be no forefinger nail; and
3. Instruct the voter to return the ballot secrecy folder and marking pen, and then leave the polling place.

SEC 41. Scanning of detainee voters’ ballots from the special polling places. – The BEI shall:

Receive from the SBEI-DV support staff the accomplished ballots by the detainee voters before the close of voting hours on election day;
Upon receipt of the sealed envelope containing the accomplished ballots, such fact shall be entered in the Minutes;
Announce to the public that the accomplished ballots of DVs and torn unused ballots, if there are any, have been received;
Open the envelopes only when all the voters in the clustered precincts have finished voting;
Feed the ballots to the VCM;
One half of the torn unused ballots shall be placed inside the envelope for the purpose (CEF No. A15) for submission to the Election Officer, and the other half of the torn unused ballots inside the other envelope (CEF No. A15) which will be deposited inside the ballot box; and
Enter such fact in the Minutes.

SEC. 42. Rejected ballots; Procedure. – Ballots may be rejected by the VCM during the scanning. There will be three (3) different types of messages when the VCM rejects a ballot. For each message, the BEI shall observe the following procedures:

“MISREAD BALLOT“. When a ballot that has not been scanned properly, the VCM will display the messages “THE BALLOT COULD NOT BE READ/HINDI MABASA ANG BALOTA” and “PAPER INSERTED WAS MISREAD. PLEASE VERIFY BALLOT AND REFEED”. Instruct the voter to re-feed the ballot in four (4) different orientations.
“PREVIOUSLY READ BALLOT” in this case, the VCM shall display the messages “BALLOT PREVIOUSLY SCANNED/ANG BALOTANG ITO AY NABASA NA” and “THIS BALLOT HAS BEEN PREVIOUSLY SCANNED”. The options “TO RETURN BALLOT, PRESS/PARA IBALIK ANG BALOTA, PINDUTIN”, press ? and “TO DIVERT BALLOT, PRESS/PARA IPASOK ANG BALOTA, PINDUTIN”, press ?, will be displayed on the screen.
“INVALID BALLOT“. When a ballot that is not configured to the VCM is fed, it will display the messages “INVALID BALLOT DETECTED/MALING BALOTA ANG NAKITA” and “PLEASE MAKE SURE THAT YOU RECEIVED THE CORRECT BALLOT”.The voter shall return the ballot to the chairman who shall in turn, check if the ballot ID of the rejected ballot corresponds to the clustered precinct number. If it does not match, the chairman shall mark the ballot with the word “REJECTED” and place the same inside the envelope for rejected ballots. The chairman shall then issue the correct ballot to the voter. If it matches, let the voter re-feed the ballot in four (4) different orientations.

Rejected ballots shall be diverted to the rejected bin of the ballot box. The VCM will display the message “TO DIVERT BALLOT IN REJECTED BIN PRESS“. The voter shall then press ?.

Except for number (3) above, no replacement ballot shall be issued to a voter whose ballot is rejected by the VCM.

SEC. 43. Closing of polls; Counting of votes and transmission of results; Printing of reports; Procedure. –

After all the voters have cast their votes, close the voting by performing the procedures laid down in Part II, Sec. 33 (bb)(1 to 4) to (ee).
After printing the eight (8) copies of National returns and eight (8) copies of Local returns, the VCM will display the message “DO YOU WANT TO TRANSMIT ELECTION RESULTS?” with “YES” or “NO” options. Choose “YES”.
The VCM will display the message “PLEASE PLUG IN THE TRANSMISSION DEVICE.” Any of the BEI members shall insert the USB transmitting device to the USB port.
The VCM will automatically send election results to the transparency server displaying the message “SENDING PACKAGE TO THE ‘KBP: TRANSPARENCY SERVER’ THROUGH ETH0”.
After successful transmission to the transparency server, the VCM will then transmit to the central server displaying the message “SENDING PACKAGE TO THE CENTRAL: CENTRAL THROUGH ETH0”.
After which, the VCM will send to the C/MBOC displaying the message “SENDING PACKAGE TO THE ‘C/MBOC: city/municipality name’ THROUGH ETH0”.
After transmission, the VCM will automatically print the Transmission Report.
Thereafter, the VCM shall print automatically the remaining twenty-two (22) copies of National Returns and twenty-two (22) copies of Local Returns.
The VCM shall return to the Main Menu.
Detach the transmission report and the election returns. Verify if there was successful transmission of election results to the intended recipients.
If transmission to any or all of the intended recipient/s failed, the election results shall be manually re-transmitted by performing the following procedure:
1. From the Main Menu, choose “ELECTION” then “RE-TRANSMIT RESULTS”.
2. The VCM shall display the options “KBP: TRANSPARENCY SERVER”; “CENTRAL: CENTRAL”; “C/MBOC: name of province – city/ municipality”; and “SELECT ALL”.
3. Choose the recipient where transmission failed. The VCM will display the message “TRANSMITTING RESULTS…”
4. The VCM will automatically print the Transmission Report.
5. Verify if there was successful transmission of election results to the intended recipients.
The VCM shall return to the MAIN Menu. The BEI member shall now print the Statistical Report and Audit Report.
1. From the Main Menu, choose “REPORTS”.
2. The VCM shall display the following options “PRINT NATIONAL RETURNS REPORT”; “PRINT LOCAL RETURNS REPORT”; “PRINT STATISTICAL REPORT”; and “PRINT AUDIT REPORT”.
3. Choose “STATISTICAL REPORT”. The VCM will print the report. Detach the report.
4. The VCM will return to the REPORTS Menu.
5. Choose “PRINT AUDIT REPORT”.
6. The VCM will display the message “DO YOU WANT TO PRINT THE COMPLETE AUDIT LOG?” with “YES” or “NO” options. Choose “YES”.
7. The VCM will print the complete audit log.
8. The VCM will return to the Main Menu.
The BEI member shall now choose “ELECTION” then “WRITE-PROTECT DATA” from the Election Menu.
The VCM shall display the messages “LOCK BACKUP MEMORY” and “WRITE-PROTECTING DATA CANNOT BE REVERSED. DO YOU WANT TO CONTINUE?” with “YES” or “NO” options. Select “YES”.
Upon pressing “YES” the VCM will display the messages “LOCK BACKUP MEMORY” and “LOCKING EXTERNAL MEMORY…” The VCM will then display the following messages “LOCKING EXTERNAL STORAGE DEVICE” and “THE BACKUP SD CARD IS LOCKED. PLEASE PRESS THE OK BUTTON TO SHUTDOWN THE SYSTEM”.
Press “OK.” The VCM shall now be completely turned off.
Remove the main SD card from slot “A” of the VCM, place the card inside the envelope provided for the purpose and seal the envelope. The backup SD card shall not be removed from the VCM, and the cover of slot “B” shall remain locked.

PART IV
MISCELLANEOUS PROVISIONS

SEC. 44. Special procedures. – The express provisions of this Resolution notwithstanding, the COMELEC may, in exceptional cases, adopt special procedures in the voting, counting, consolidation, transmission, storage, custody, distribution and retrieval of accountable forms and paraphernalia to fulfill its Constitutional mandate to ensure free, orderly, honest, peaceful and credible elections.

SEC. 45. Effectivity. – This Resolution shall take effect on the seventh (7th) day after its publication in two (2) daily newspapers of general circulation in the Philippines and in the COMELEC website.

SEC. 46. Publication and dissemination. – The Education and Information Department, this Commission, shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.

SO ORDERED.

SIGNED:

BAUTISTA, J. ANDRES D., Chairman
LIM, CHRISTIAN ROBERT S., Commissioner
PARREÑO, AL A., Commissioner
GUIA, LUIE TITO F., Commissioner
LIM, ARTHUR D., Commissioner
GUANZON, MA. ROWENA AMELIA V., Commissioner
ABAS, SHERIFF M., Commissioner

RESOLUTION NO. 10057 – GENERAL INSTRUCTIONS FOR THE BOARDS OF ELECTION INSPECTORS (BEI) ON THE TESTING AND SEALING OF VOTE COUNTING MACHINES (VCMs), AND VOTING, COUNTING AND TRANSMISSION OF ELECTION RESULTS IN CONNECTION WITH THE 09 MAY 2016 NATIONAL AND LOCAL ELECTIONS

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GENERAL INSTRUCTIONS FOR THE BOARDS OF ELECTION INSPECTORS (BEI) ON THE TESTING AND SEALING OF VOTE COUNTING MACHINES (VCMs), AND VOTING, COUNTING AND TRANSMISSION OF ELECTION RESULTS IN CONNECTION WITH THE 09 MAY 2016 NATIONAL AND LOCAL ELECTIONS

RESOLUTION NO. 10057

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